Board approves height variance for 115 St. Moritz Terrace, with condition limiting perceived height from street

The Summit County Board of Adjustment granted a height variance for a single-family residence at 115 St. Moritz Terrace, approving a request that allows an overall structure height up to roughly 55 feet above existing grade while limiting perceived building height from the public right-of-way to approximately 13 feet (measured per the condition adopted by the board).

Staff explained the lot’s steepness and that the applicant needed relief from the 32-foot height limit in the code because the site's grade and required setbacks make a conforming design infeasible. Staff proposed clearer language for the conditions of approval — specifying a maximum roof elevation (6,901 feet, as depicted in staff exhibits) instead of a floating measurement from the right-of-way — and recommended minimizing tree removal where possible.

Applicant Thomas Foster described extensive design work and engineering constraints, saying the lot includes large slopes and that building without a variance would require very tall retaining walls, substantial vegetation removal and a driveway design that would impede snow removal. Foster told the board the team had explored alternatives and presented precedent cases; he argued granting the variance was essential to the property’s reasonable use.

Board members and the applicant’s design and engineering representatives probed whether the structure could be reduced to three stories or whether the garage depth could be shortened. The design team and engineering consultant said the proposed garage depth and entry are near the minimum needed to preserve structural integrity and meet snow-load and access needs; removing the upper portion would either make the home unbuildable or require an alternate driveway that staff and engineering said would be less feasible for snow clearance.

A board member moved to approve the height variance per the staff report with modifications to conditions that (a) set the absolute maximum roof elevation as shown in the exhibits, (b) limit how high the building appears from the public right-of-way to approximately 13 feet as measured in the modified condition, and (c) include language encouraging minimizing tree removal. The motion passed unanimously.

The approval incorporates staff findings and clarifies that final design and any additional building-code or structural approvals must be resolved during permit review.